John Yoo, a former top lawyer in the Bush administration, has a simple remedy for the Supreme Court decision striking down the military tribunals created for war crimes trials at Guantanamo. Congress, he says, should pass a law overruling the Supreme Court. From a legal point of view, that is not entirely implausible, and given the breadth of the court’s ruling, the administration may be tempted to try to show the court who’s boss.
But that would be a mistake. First, it’s a political loser: Even prominent Republican senators like John Warner of Virginia and Lindsey Graham of South Carolina have made it clear they think some changes are in order. Second, it would delay any trials indefinitely, until the courts can decide whether it’s constitutional–which it may not be.
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